PSW OBTAINS PRELIMINARY COURT APPROVAL OF HEATER SETTLEMENT

On November 5, 2019 PSW obtained preliminary approval of a class action
settlement for any purchaser of a Bionaire BCH9208 Ceramic Tower Heater
from Los Angeles County Superior Court Judge Amy Hogue. The following
Class was certified by the Court:
All persons within the State of California who purchased a new Bionaire
BCH9208 Ceramic Tower Heater for their own use and not for resale at any
time since March 20, 2010. Excluded from the Class are Defendant; Defendant’s
affiliates, subsidiaries, or co-conspirators; employees of Defendant,
including its officers and directors; the Court to which this case is
assigned; and any persons who have already returned and have been refunded
for their heater.
Class Members may be entitled to a $25.00 cash payment. For more information, visit
http://www.heatersettlement.com.
DEADLINE TO FILE
All claims must be filed/postmarked on or before March 4, 2020.
To qualify for payment, you must submit a Claim Form. You may submit a
Claim Form online at
https://secure.heatersettlement.com/
on or before March 4, 2020.
If you are unable to complete the online form, you may download a Claim
Form from the
Important Documents page or request that one be mailed to you by calling the Claims Administrator
toll-free at 1 833-759-2977 or emailing
info@HeaterSettlement.com.
If you submit a Claim Form by mail, it must be postmarked or on before
March 4, 2020.
ABOUT THE CASE
On March 20, 2014, PSW filed a class action lawsuit against Bionaire, Inc.
(Sunbeam Products, Inc. was later substituted as the sole defendant) for
breach of warranty and violations of the California consumer protection
statutes. Plaintiff Tami Trepte, who tragically lost her 2 year old son
when one of the heaters malfunctioned, alleged that she would not have
purchased, or would have paid less for, the heater had she known it contained
the design defects that made it susceptible to overheating, smoking, and/or
catching fire. In August 2017, the Court certified the case as a class
action and appointed PSW as co-lead class counsel.
ABOUT THE SETTLEMENT
The Settlement provides two benefit options for Class Members. The first
option provides a $25.00 cash refund to any Class Member who submits a
timely Claim Form and both cuts and returns the power cord from the heater
and provides a photograph of the heater from which the power cord was
cut. The Claims Administrator will provide you with a free pre-paid mailing
label and envelope to return the cord after you submit your Claim Form.
Proof of purchase is also required unless you purchased the heater from Costco.
For Class Members who do not wish to cut the power cord from their heater
or no longer have the heater in their possession, the second option provides
a $12.50 cash refund or $17.50 purchase credit to any Class Member who
submits a timely Claim Form. Proof of purchase is required unless you
are a verified purchaser of the heater from Costco. The purchase credit
may be applied toward new purchases from www.holmesproducts.com and will
be valid for one hundred eighty (180) days from the date of issuance.
To qualify for payment, you must submit a Claim Form. You may submit a
Claim Form online at
http://www.heatersettlement.com
on or before March 4, 2020. If you are unable to complete the online form, you may download a Claim
Form from the Important Documents page or request that one be mailed to
you by calling the Claims Administrator toll-free at 1 833-759-2977 or
emailing info@HeaterSettlement.com.
If you submit a Claim Form by mail, it must be postmarked or on before
March 4, 2020.
CONTACT US
If you would like to discuss this case with Pearson, Simon & Warshaw, please
contact us.